Book contents
- Thai Legal History
- Additional material
- Thai Legal History
- Copyright page
- Contents
- Tables
- Contributors
- Preface
- Chronology
- Table of Cases
- Legislation, Constitutional Provisions, and Treaties
- Abbreviations
- 1 Introduction
- 2 Thai Legal History
- Part I Traditional Law and its Modern Resonances
- Part II Foreign Influence and the Reform Period
- 8 British Judges in the Supreme Court of Siam
- 9 The Fundamental Misconception in the Drafting of the Thai Civil and Commercial Code of 1925
- 10 The Modernisation of Thai Criminal Law
- 11 Thai Trust Law
- 12 The History of Thai Family Laws
- 13 The Origins of Thailand’s Bureaucratic State and the Consolidation of Administrative Justice
- 14 Siam and the Standard of Civilisation in the Nineteenth Century
- Part III Constitutional Conflicts 1932–2017
- Glossary
- Index
12 - The History of Thai Family Laws
Strong Women and Weak Gender Equality under the Law
from Part II - Foreign Influence and the Reform Period
Published online by Cambridge University Press: 28 May 2021
- Thai Legal History
- Additional material
- Thai Legal History
- Copyright page
- Contents
- Tables
- Contributors
- Preface
- Chronology
- Table of Cases
- Legislation, Constitutional Provisions, and Treaties
- Abbreviations
- 1 Introduction
- 2 Thai Legal History
- Part I Traditional Law and its Modern Resonances
- Part II Foreign Influence and the Reform Period
- 8 British Judges in the Supreme Court of Siam
- 9 The Fundamental Misconception in the Drafting of the Thai Civil and Commercial Code of 1925
- 10 The Modernisation of Thai Criminal Law
- 11 Thai Trust Law
- 12 The History of Thai Family Laws
- 13 The Origins of Thailand’s Bureaucratic State and the Consolidation of Administrative Justice
- 14 Siam and the Standard of Civilisation in the Nineteenth Century
- Part III Constitutional Conflicts 1932–2017
- Glossary
- Index
Summary
Despite the long-established fact that Thai women in old Siam were among those few enjoying the privilege of living in a matrilineal and matrilocal society, Thai laws rarely reflected such characteristics in their texts. Indeed, from the earliest record of Thai history, there were hardly any formal legal rules recognizing the rights of women. Thus, students of Thai family law learn how women gradually strengthened their place among men until today, from having no place to being equal to their male compatriots. All of this exists against the backdrop of a country with a relatively satisfactory track record of women’s rights. This book chapter questions whether the original strong status of women in the past has anything to do with contemporary family law in Thailand by exploring the old family laws and pointing out certain features in the laws which might explain the discrepancies between the legal text and women’s societal status. Moreover, historical analysis may also explain why there is still some unequal treatment of men and women in the contemporary family law system, even when the Constitution directly protects gender equality.
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- Thai Legal HistoryFrom Traditional to Modern Law, pp. 170 - 184Publisher: Cambridge University PressPrint publication year: 2021